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Bombay High CourtWP/545/2024disposed off

Pandurang Ravsaheb Pingat v. Gojrabai Hari Ahire And ORS.

2024-01-23Hon'Ble Shri Justice Somasekhar Sundaresan1 pages

4-wp-545-2024.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.545 OF 2024 Pandurang Ravsaheb Pingat ... Petitioner V/s.

Gajrabai Hari Ahire and Ors.

... Respondents NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2024.01.23 16:01:34 +0530 Mr. Aditya S. Chandak for the Petitioner.

Mr. Y.D. Patil, AGP for the State/Respondent. CORAM : AMIT BORKAR, J.

DATED : JANUARY 23, 2024 P.C.:

1.

Issue notice for final disposal to respondent Nos. 1 and 2 returnable on 20th February 2024.

2.

On perusal of sale deed in favour of relative, it appears that it does not contain an averment that such sale deed was executed on the condition that the mother and father shall be maintained by the petitioner. There is no contemporaneous material to indicate that such condition was contemplated at the time of execution of sale deed. Even in the impugned order, no finding is recorded that the sale deed in favour of relative was on a condition to maintain the parents.

3.

There shall be ad-interim relief in terms of prayer clauses (b) and (c).

(AMIT BORKAR, J.)